perm2gc
12-20 06:21 PM
Does USCIS provide any clear documentation regarding the Visa Allocations?
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bomber
08-08 06:46 PM
Does that mean 180 after the I140 is approved or 180 after the RN of the I485 as long as the I140 is approved? (Even if it has been approved for only 2 months)
You are right...
180 after the RN of the I485 as long as the I140 is approved Even if it has been approved for only 2 months or days!
You are right...
180 after the RN of the I485 as long as the I140 is approved Even if it has been approved for only 2 months or days!
Leo07
06-02 12:02 PM
~~~~~~~~~~~bump~~~~~~~~~~
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veni001
06-07 12:41 PM
I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
Summary:
First five years
Total number of merit-based green cards includes sum of:
a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
b.) Any visa number not used by family based category.
How the total number will be divided between Current system and new merit-based system and Y visa holders --
- 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
- 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
- Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.
and the TEXT of the Bill
�(A) for the first five fiscal years shall be equal to the
33 number of immigrant visas made available to aliens
34 seeking immigrant visas under section 203(b) of this
35 Act for fiscal year 2005, plus any immigrant visas
36 not required for the class specified in (c), of which:
37 (i) at least 10,000 will be for exceptional aliens
38 in nonimmigrant status under section
39 101(a)(15)(Y); and
40 (ii) 90,000 will be for aliens who were the
41 beneficiaries of an application that was pending
42 or approved at the time of the effective date of
43 this section, per Section 502(d) of the [Insert
44 title of Act] ( Act not the bill)
(c) EFFECTIVE DATE.�The amendments made by this section shall take
11 effect on the first day of the fiscal year subsequent to the fiscal year of
12 enactment.
So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.
So all the I-140 filed on of before Effective date are considered as pending!!
I don't know why even lawyers are getting confused here!:confused:
more...
svr_76
03-11 05:27 PM
Probaby you didn't see the whole list...
From Your Petitioner:
• A copy of the petition with all supporting documents as filed to USCIS.
• A copy of the employment contract or letter of agreement signed by you and the petitioner.
• Petitioner’s Income Tax Return for the last two tax years and financial statements.
• A notarized list of all the petitioner’s employees of the job site listed. The list should show all employees’ names, their specific job titles, start and end dates, and their individual salaries and immigration status.
• State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)
• A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
• A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).
• A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
• A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
If this was a genuine/valid employement shouldn't the peitioner/employer really have all of the above documents with them ?
From Your Petitioner:
• A copy of the petition with all supporting documents as filed to USCIS.
• A copy of the employment contract or letter of agreement signed by you and the petitioner.
• Petitioner’s Income Tax Return for the last two tax years and financial statements.
• A notarized list of all the petitioner’s employees of the job site listed. The list should show all employees’ names, their specific job titles, start and end dates, and their individual salaries and immigration status.
• State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past three quarters. (This should be the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)
• A letter from the client company sponsoring the project and a copy of the contract between the U.S.-based petitioner and the client company, stating the timing, terms and agreement for your project.
• A copy of the contract between the U.S. employment agency (petitioner) and the job site (the location where you will actually work).
• A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
• A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
If this was a genuine/valid employement shouldn't the peitioner/employer really have all of the above documents with them ?
hazishak
08-01 11:08 AM
I don't think she will have a H1 approval notice if she is coming to US first time.
My wife is here in USA and just convert her status from F1 to H4 .And her F1 visa expiring this August. So we r planning to go Canada for Visa stamping.....
My wife is here in USA and just convert her status from F1 to H4 .And her F1 visa expiring this August. So we r planning to go Canada for Visa stamping.....
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eb3retro
04-16 01:04 PM
Can anyone please give any advise/ideas on how to deal with this?
Thanks.
did you give an education evaluation certification along with your original GC app and I-140 app? IT is very important documentation if u do not have a 4 year degree. Usually they accept 3 year degree with work exp to be considered in lieu of 4 year degree. for your case, where u do not have a 3 year bachelors also, ur education evaluation documentation needs to be extra strong and attractive. Hope this helps...
Thanks.
did you give an education evaluation certification along with your original GC app and I-140 app? IT is very important documentation if u do not have a 4 year degree. Usually they accept 3 year degree with work exp to be considered in lieu of 4 year degree. for your case, where u do not have a 3 year bachelors also, ur education evaluation documentation needs to be extra strong and attractive. Hope this helps...
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quizzer
09-27 02:12 PM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?
more...
shamu
01-11 09:51 PM
1) Try state group insurance
Texas and for that matter every state has a group insurance coverage for folks
who donot get coverage from any other insurance provider.
This is a coverage that you will get for sure, only document you will need is a written paper from insurance company that one cant be insured.
Check the state insurance board website.
2) check free clinics, these clinics will provide complete care ( you can pay them if you like)if you dont thats fine too. I suggest paying them if you can even if its a bit high, as someone who cant afford may one day get to use this service too.
3) Ask yours employer's insurance agent, group insurances gurantee insurance.
Donot worry, life works in interesting ways. As last resort one can go to home country for delivery.
donot worry.
Thank you very much. I don't have group insurance so cannot to my employer. Bought individual insurance and they said that they would not cover maternity.
I will try to explore your option tomorrow.
Thank you very much.
I know that I can over come this hurdle and also could suggest other friends (who have this problem) with what I found out.
Life cannot stop for these small problems.
Life has to go on and on..
Hope we all will reach to the destination very soon, I mean get our green cards very soon. And to reach our destination one should not sacrifice the goals and life decisions just for GC.
I wish good luck to one and all.
Thank you very much!
Texas and for that matter every state has a group insurance coverage for folks
who donot get coverage from any other insurance provider.
This is a coverage that you will get for sure, only document you will need is a written paper from insurance company that one cant be insured.
Check the state insurance board website.
2) check free clinics, these clinics will provide complete care ( you can pay them if you like)if you dont thats fine too. I suggest paying them if you can even if its a bit high, as someone who cant afford may one day get to use this service too.
3) Ask yours employer's insurance agent, group insurances gurantee insurance.
Donot worry, life works in interesting ways. As last resort one can go to home country for delivery.
donot worry.
Thank you very much. I don't have group insurance so cannot to my employer. Bought individual insurance and they said that they would not cover maternity.
I will try to explore your option tomorrow.
Thank you very much.
I know that I can over come this hurdle and also could suggest other friends (who have this problem) with what I found out.
Life cannot stop for these small problems.
Life has to go on and on..
Hope we all will reach to the destination very soon, I mean get our green cards very soon. And to reach our destination one should not sacrifice the goals and life decisions just for GC.
I wish good luck to one and all.
Thank you very much!
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vbkris77
06-01 07:53 PM
Done..
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sunny26
06-26 05:03 PM
hi
we took our photo in cvs . its ok but there is some shadow(ghost image) in few place.Is it ok?
sunny
we took our photo in cvs . its ok but there is some shadow(ghost image) in few place.Is it ok?
sunny
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aat0995
08-07 05:44 PM
Student Visa comes to mind. I hope you don't cancel your marriage due to this fact. Good Luck. You might be able to start another GC process as well.
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Jaime
09-01 11:41 AM
Is it possible to have a door to door campaign in apartment complexes and educating Indian/Chinese/Philippine population around DC area. Or maybe a group of 2-3 volunteers standing in ethinic groceries/eateries and educating our community of what we are trying to do and why we need their support and how it will benefit all of us. I know it is easy to say this but if we need people to be motivated we need along with this HIGH TECH... we need some personal touch. People will come if people see people going. I mean SEEING. Maybe these writings and commonsense things dicussed here inspires/motivates us but a majority need a push/nudge in person. Hope we could arrange for volunteers around DC area (driving distance to DC) and rally up more numbers.
Door-to-door is a great idea! We need to do WHATEVER IT TAKES! We have the opportunity right now! Let's not let s pass!!
Door-to-door is a great idea! We need to do WHATEVER IT TAKES! We have the opportunity right now! Let's not let s pass!!
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shivarajan
06-10 03:52 AM
funny it says ...
"...... we can likely expect to see the following cutoff dates in the October, 2009 Visa Bulletin:...."
EB2 Worldwide: Current
EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
Can anything be grimmer than U (EB3) and 01-JAN-2000 --almost 1999 (EB2) which it is currently?
It may be "U" (that's not grim for us for sure, we can take anything now --some have lost it waiting long... so try out?)
Or ohhh wait r they creating a new record assigning something like 1991 for EB* (India) rather than U?
U don't even see cars that old on roads :D
"...... we can likely expect to see the following cutoff dates in the October, 2009 Visa Bulletin:...."
EB2 Worldwide: Current
EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
Can anything be grimmer than U (EB3) and 01-JAN-2000 --almost 1999 (EB2) which it is currently?
It may be "U" (that's not grim for us for sure, we can take anything now --some have lost it waiting long... so try out?)
Or ohhh wait r they creating a new record assigning something like 1991 for EB* (India) rather than U?
U don't even see cars that old on roads :D
more...
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abhijitp
09-21 03:40 PM
What has this rally given us?
Well, I can tell you that whoever flew in/ drove in/ walked 4 miles between noon and 2:30pm is convinced of the need for an organized and peaceful battle against the unfair and broken green card process. The 1000 souls that showed up on that day, besides those who pitched in any way to help them, will find sending webfaxes and meeting their lawmakers (locally) to be a piece of cake. Once that happens, things can only get better for us as a community!
Well, I can tell you that whoever flew in/ drove in/ walked 4 miles between noon and 2:30pm is convinced of the need for an organized and peaceful battle against the unfair and broken green card process. The 1000 souls that showed up on that day, besides those who pitched in any way to help them, will find sending webfaxes and meeting their lawmakers (locally) to be a piece of cake. Once that happens, things can only get better for us as a community!
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hunkuncontrolled
03-11 02:33 PM
Read this http://timesofindia.indiatimes.com/Business/New-H1-B-visa-norms-to-isolate-India/articleshow/4251475.cms
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royus77
10-19 04:05 PM
You need to hurry up, if not already. They don't care a dime if you loose your money / tickets / travel. But just need to show them a sense of urgency. Thats all we can do.
Just saw a update on my Son's AP . Received a letter from USICS in mail that my expediated request was under review....Any way i cancelled /postponed my tickets to en of Nov ...
Just saw a update on my Son's AP . Received a letter from USICS in mail that my expediated request was under review....Any way i cancelled /postponed my tickets to en of Nov ...
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ThinkTwice
08-27 07:23 PM
Effort in any form - physical, financial, mental or emotional is welcome and needed for this effort.
I am certain you can contribute in atleast one if not more than one of these ways.
This is OUR effort, we are not doing this for charity here .. we are doing this for our own selfish selves... so please participate.
I am certain you can contribute in atleast one if not more than one of these ways.
This is OUR effort, we are not doing this for charity here .. we are doing this for our own selfish selves... so please participate.
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santb1975
01-12 10:39 AM
:confused:
Ramba
09-27 03:05 PM
It is very simple. The completion of degree occurs only when any one passes all qualifying examinations. Without passing the sublimental exam, you are not qualifed to recive a degree. You latest exam was in 2002. Therefore you completed all qualifying exam only in 2002. Therefore you obtained the degree only in 2002.
Therefore you must produce the 5 year exp certificate after 2002. If not, convert it to EB3.
At this time the best option is request them to convert to EB3. Apply another PERM LC with EB3 and file 140 quickly, in case they deny your request to convert to EB3. Dont give up your H1 and H4 status till 140 get resolved.
Therefore you must produce the 5 year exp certificate after 2002. If not, convert it to EB3.
At this time the best option is request them to convert to EB3. Apply another PERM LC with EB3 and file 140 quickly, in case they deny your request to convert to EB3. Dont give up your H1 and H4 status till 140 get resolved.
akv123
07-13 06:40 PM
I read, "why should I support if I am not affected or benefited". This level of selfishness surprises me (or considering average human nature, should not surprise me). Support is for the 'cause' not for the 'outcome' or its direct 'benefits'. If you believe in the cause, go and support; if not, go and oppose.
I read that most would-be immigrants are differentiating themselves as an 'illigal' or a 'legal' immigrant. People are forgetting that legal or illegal both are immigrant and want to have a better life for themselves or for their family compare to what their own country have to offer to them. Where is the difference - look deep into your heart - difference is one has some additional pieces of papers while other does not. Stop differentiating! Start uniting and fight for the justice.
So, do support this bill - I am 'so called legal' immigrant, my son is going to university (having H4 visa) but he is treated the same way as illegal sillegaltatus student is treated -- no financial aid is available to my son or in-state tuition fees. Where is the difference?
I read that most would-be immigrants are differentiating themselves as an 'illigal' or a 'legal' immigrant. People are forgetting that legal or illegal both are immigrant and want to have a better life for themselves or for their family compare to what their own country have to offer to them. Where is the difference - look deep into your heart - difference is one has some additional pieces of papers while other does not. Stop differentiating! Start uniting and fight for the justice.
So, do support this bill - I am 'so called legal' immigrant, my son is going to university (having H4 visa) but he is treated the same way as illegal sillegaltatus student is treated -- no financial aid is available to my son or in-state tuition fees. Where is the difference?
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